Last month we reported the story of the arrest of Broward County, FL, election integrity advocate and independent candidate for Supervisor of Elections, Ellen Brodsky. She was handcuffed and arrested, according to the police report, for "disorderly conduct" and "trespass/structure or conveyance" while trying to observe post-election ballot counting and canvassing procedures in the county.

After her arrest, orchestrated by her opponent, Supervisor of Elections Brenda Snipes, Brodsky was held overnight in the county jail until 5:45am the next morning, despite her son having posted bail for her --- a grand total of $25 --- at 8:30pm the night before.

Brodksy has an impressive record of finding serious problems with counting and election procedures in Broward County, which undoubtedly helped foster the animus from her opponent Snipes. Shamefully, as we pointed out in our original coverage, Brodsky is only the latest in a string of EI advocates around the country who have been arrested recently while trying to peacefully carry out public observation of our public elections.

Here now is the video tape of the incident that results in her arrest, as captured on a small flip camera provided by election watchdog organization VideoTheVote.org. The man seen on the phone, at the beginning of the tape, calling the police, is Snipes' deputy Fred Bellis. It's clear that Bellis, in cahoots with Snipes --- again, Snipes was Brodsky's election opponent --- clearly seems to have been choreographing the entire arrest.

As you'll see in the video below, the fact that she was arrested at all, much less for "disorderly conduct," is absolutely incredible and clearly without merit. Our original report offered a great deal of background and context, as well as comments from Brodsky and a number of both EI advocates and a state election official from a different county who have all worked with her. They all, almost uniformly, described the turn of events at the time as "outrageous" and an "abuse of power."

As long promised, The BRAD BLOG has covered your electoral system 2008, fiercely and independently, like no other media outlet in the nation. Please support our work with a donation to help us keep going. If you like, we'll send you some great, award-winning election integrity documentary films in return! Details on that right here...

Un-fucking-believable. I'm floored by this footage. Ellen, I'm so happy you got this on film and posted--it's even MORE outrageous than I ever could've imagined. Telling you to stay calm and then CUFFING YOU with NO WARNING? Did they even read you your rights?

My abject disgust with Snipes and her skeevy Broward Co. election officials/ puppet-poondog police is counter-weighted by my tremendous pride in your actions and demeanor under these outrageous circumstances. Shame on them.

This video is so important. You have total proof now, Hero mine, of this belligerent abuse of power in the face of citizen observation. I hope you can use it to SUE THE PANTS OFF THOSE Broward Mo Fo's.

Ellen was visiting a public building to observe a meeting which is required to be open to the public under Florida law. It’s also required to be open under the First Amendment’s freedom of the press, but there’s no need to go that deep into those quaint old Constitutional rights.

Since Ellen’s visit was authorized by law, she could not have been trespassing, and it is obvious that she was not disorderly. So, could anyone have legally ordered her to stay away from these premises?

Well, Florida Statute defines trespassing in a structure or conveyance. Ellen was charged with this even though it appeared that she was not allowed to enter the building. Under Florida Statutes § 810.08, only an owner or lessee has authority to ask Ellen to leave the premises, and a police officer is not authorized to arrest someone for trespassing unless he has received written authorization from an owner or lessee. Doesn’t the public own public buildings or do the fascist clowns who work in them own them?

Also, there is no provision for a judge to order someone not to enter a public building, but if a legal action had been brought by the Supervisor’s office, then a judge could have issued an injunction if the Supervisor could have proven that Ellen was disruptive or threatening. However, a judge sitting on the canvassing board has no power to enter any injunction at a canvassing board meeting, and as Ellen mentioned, she was not served with anything so no such order was entered unless it was entered without any semblance of due process. You know, that quaint old notice and an opportunity to be heard thing.

However, since our government is out of control, these fascist clowns decided to treat Ellen like far too many people who question authority are treated by fascist regimes where the people have no rights. They jailed her without any legal authority and under false pretenses. That is a crime, but curiously, the fascist clown who plays the prosecuting prince has not dropped the charges against Ellen and has also failed to bring charges against the police officer who acted under color of law without any legal authority, other than a gun, and violated Ellen’s rights as requested by Snipes and her deputy Bellis. Oh, that’s a felony violation of 18 U.S.C. §§ 241 and 242. Let’s see how that plays out. Probably a lot like when Ann Coulter was caught committing voter fraud, the prosecuting prince let her get away with it.

So, these fascist clowns commit felonies to get rid of an opponent up who is asking questions. Imagine what may have happened if someone had proven that the elections were stolen. Oh, you don’t have to imagine, just watch “Justice” in Florida’s Supreme Court!?! and don’t miss the documents at the links below the video. Also, see Fascism in Fantasyland for another example of how an election reform advocate was treated, and note that these clowns were much more professional. Of course, they do work at Disney.

If you’re wondering whether our Nation’s Founders would have put a system together that allowed criminal acts committed by those in power, and those connected to them, to go unpunished, then check out the speeches by Patrick Henry and me at the Florida reform leader rally this past weekend and don’t miss the links below the video.

i went to sleep last night thinking i had 2 dem senators(or at least one dem sen and one to be appointed) and tonight i go to bed dreading how the new soe software may give me a rep senator

while i am sure its an unpopular position as gov b does sound crooked from the tapes,why in the hell wasnt it taken to a grand jury?was this just about bank of america flexing their muscles?or was it that gov b has fought for health care for every child in illinois even after bush sued him for it

this looks like more bs from the not so just department to influence who is in charge

patrick fitzgerald gave cheney a warning about the presidental records act and keeping his
e mails..how did cheney respond? many wh hard drives r "missing"

if fitz had done his job then and gone up the ladder much of the pain of the last years might of been avoided

[ed note: I'm sorry karen. The spam filter has gone crazy and it's yanking people's comments. I'm not staying up all night to babysit this, so if any more comments get lost into the ether, they will show up again as soon as someone can sort through the spam to dig them back out. --99]

My first though was, damn what the hell you got to do to poll watch show up with the armed forces? Yeah Anger. Okay, let the anger go...

How can the public provide oversight of an unbroken chain of custody when clearly the cops are either corrupt or ignorant of election laws?

Kind of looked like she got arrested on hearsay to me. But then that was only a small part of video. Seems the only way to validate that would be having multiple video cameras running 24/7 on the entire place. A tripod or two would have been nice in this situation also. She needs more than one friend I think. Perhaps several camera people, enough that such a choreograph is not allowed.

For example 1, at the second cop car, there was no camera listening in. Example 2, the guy in the white shirt dialing that phone, could have been listened to and asked questions.

So who were the twenty five witness's? Did they all testify? Or is this one of those adept public figure successfully making a local terrorist out of a citizen who ain't doing nothing wrong.
...
What's with that cop, not wanting to be on camera? That sounds like intimidation to me. I would have pointed that camera wherever I want. Is there a reason why the camera can't be pointed at him? Florida Law? I won't say face. Because it wasn't pointed exactly at his face.

Anyway, corruption sucks. What can you do, other than have cops higher up than the sheriff and cronies available? There has to be election cops. I been saying that, saying that, saying that. Street cops are not trained for elections.

The white female cop looked like she was on meth.
Chewing, grinding those teeth. She didn't listen at all, just dictated. She didn't seem to have a problem with the camera.

Why did the camera go off? Where's the friend? Keep taping. Keep listening. Keep asking questions. What was she arrested for? Get that on tape.

What a cluster-F of nonsense. From every angle.

If there were people near the ballots at that time, and no poll watchers, I would have to judge that that election be nullified completely as the chain of custody completely compromised by local law enforcement.

Why is the building unlocked without public oversight? Why is Bellis there in the first place? What did he say on the phone? Who was he calling? Why didn't someone accuse Bellis of false arrest at the time? And have him arrested also?

Who were all those people going in and out unchecked?

What's the plan to fix this this time?

What's the plan to stop this next time?

I guess well never know.

Maybe we should bring our troops home and use them for poll workers and poll watchers? No need for the Sheriff of Huddersfield to put down his baked beans and wrench his ass out of bed with a crane..and go hassle the local citizens.

Ellen was arrested for BATA: Bad Attitude Towards Authority. Asking questions or attempting to observe what they're doing is disrespect. Bellis said it straight out --- she was rude. When the public is allowed to enter the halls of royalty, we're supposed to bow, curtsy, and kiss their robes.

Kudos to Mark Adams and colleagues for waking people up. I do hope Ellen Brodsky can successfully sue them, but of course even if the judge isn't corrupt, such cases take years. Justice delayed is justice denied, as the saying goes, and the purpose of the justice system is to delay justice.

If they're required to post a notice to the public, they can be sued for that also, since no correction was posted. Just remember that you're suing them in their courts.

When Robert Hillary King, the first member of the Angola 3 to be freed after 31 years in prison for a crime he didn't commit, 29 of those years in solitary confinement, is asked how he retained his sanity, he says that he was in maximum custody but that we on the outside aren't really free, we're just in minimum custody.

He's right. But minimum custody is so comfortable that we don't notice that we're in custody until we try to challenge the system. That's when retaliation kicks in, and it goes from smears, to threats, to arrests, all the way to actual custody. As long as we're working, shopping, or watching TV and not challenging authority, we think we're free.

This video does not provide enough information to judge whether or not Ms. Brodsky was treated fairly.

Based on other videos of election observers getting in trouble, it seems that an election observer can only observe—they cannot ask questions, they cannot challenge what is going on, they cannot say or do anything to slow down the vote-counting process. They can only watch.

It’s quite possible, based on what Ms. Brodsky herself says, that she has exceeded the role of observer. She says that she wanted to ask questions at a Canvassing Board meeting.

Well, perhaps questions are not allowed at such meetings, or she asked them at the wrong time. Her insistence on asking questions could constitute a disruption, justifying her removal and/or arrest.

Don’t believe everyone who cries foul. Not every gadfly knows what they are doing. Private citizens are not always aware of the rules and procedures governing elections.

And certain liberal blogs do not bother to tell you both sides of the story.

John P. Garry wrote: "Well, perhaps questions are not allowed at such meetings, or she asked them at the wrong time."

On the date in question, Mrs. Brodsky was told she could ask a question of the canvassing board, and waited an hour and a half to do so--respectfully.

"Based on other videos of election observers getting in trouble, it seems that an election observer can only observe—they cannot ask questions, they cannot challenge what is going on, they cannot say or do anything to slow down the vote-counting process. They can only watch."

Maybe so. But she wasn't even allowed to WATCH. That's the point, here. Public building, public process, mandated as such by the Florida Sunshine Laws--and she was barred from doing so. And not just on the date this video was filmed--she was also harassed by Snipes and crew as an official designated observer during the Aug. 29th primary. The reason she was given for her transgression? Her crime? STANDING UP.

If you don't think this video is enough to prove whether or not Ellen Brodsky was treated "fairly", if you read the excellent comment above from MBA Mark Adams detailing the legal transgressions against her on the part of the county, and if this video doesn't scare the bejeezus out of you/ disgust you as an America citizen and voter, then you don't get it or you don't care to.

Exactly who or what was Ellen Brodsky "STANDING UP" to? It isn't clear to me. Needlessly pestering authority figures and being pumped up with self-importance is not the same as standing up to injustice.

You haven't provided any new information. Okay, so she asked a question "respectfully." Did she do anything else?

There are good reasons why someone might not be allowed to watch a vote count. If they are disruptive, they can be removed.

I don't find Mr. Adams analysis persuasive in the least. Again, there are plenty of reasons why someone could be removed or barred from an open public meeting. The right to attend a public meeting is not absolute.

What disgusts me is the knee-jerk paranoia and ideological rigidity of the politically motivated--whether of the right or left.

What scares the bejeezus out of me is how easily manipulated and "outraged" people are.

John P. Garry seems to think it is perfectly okay for elections officials to violate the law and abuse the public.

Yes, it was the public, not just Ellen Brodsky who was treated unfairly in violation of the law. The reason the notice of the public meeting was posted was to comply with the law. If there was a change, which they claim that there was, that should have been posted, and it obviously was not. If there was no change, then they were lying, and if they'd lie to the public about when a meeting is, why wouldn't they lie to the public about election results?

There are laws that people whose salaries are paid by the public are required to obey, and the Canvassing Board was in violation of the law. They're the ones who should have been arrested.

John P. Garry, try reading something before you jump in to claim that you know what you are talking about.

I included the link to the statute that the fascist clowns claim that Ellen was violating, and I explain that under the statute they had no authority to even give Ellen an order to leave the premises. Furthermore, the video shows that Ellen was not being disorderly. She was simply asking to enter a public building for a public meeting.

If you don't understand that the law has been violated by these public officials and "law" enforcement officers, then either you are mentally challenged or a flack working to cover up their crimes. Either way, it's always funny to hear some Bushie clown claim that the law is not the law or that it dosen't apply to government agents.

Way to support fascist pigs, JPG! A TRUE American you are, and your analysis is just brilliant, brilliant I say! What video did you watch, anyway, that can show even the slightest of just cause for her arrest? Ever heard of the Constitution?

A question that should be answered before the next election, in the "Video The Vote" spirit. (Poorly executed in my opinion) is...

IN EACH STATE WHAT ARE THE LAWS FOR MAKING VIDEO?

WHAT ABOUT VIDEO OF LAW ENFORCEMENT?

(e.g. If I would have sparked up my camera last time I voted, in the polling place. I would have been potentially arrested in California)

(e.g. If the camera person kept that camera on the cop in Florida was that constitutional? Legal?)

Now there's exceptions and reasons to allow video, and reasons for not. But even though my intent wasn't to disrupt the voting process, or intimidate voters, there need to be clearly defined answers. On the other hand an unbroken chain of custody can not be maintained. When camera's are forced off.

Those answers are not clearly defined for each state. If videothevote want's to have us video the vote then the answers must be easily accessible, not buried in some hidden PDF on some government website with a broken search engine.

PLAIN 12th GRADE ENGLISH.

And finally why don't poll watchers have authority? What needs to happen for that to be, more powerful than some official with an agenda.

Don’t believe everyone who cries foul. Not every gadfly knows what they are doing. Private citizens are not always aware of the rules and procedures governing elections.

Perhaps. But Brodsky certainly is aware of such "rules and procedures" and has followed them. Her first instance of trying to ask a question, on a completely different day, was documented in our original coverage, which, it appears, you were too lazy or disinterested in transparent, accurate elections in which the citizenry (of all parties) can have confidence in, to actually bother to read.

If she had done something on that day to deserve arrest, then why wasn't she arrested?

Clearly, as the video shows, she did nothing on this day to deserve arrest, as even the female cop on the scene (before the arresting officer, C.Y. Bell showed up with cuffs) admits on camera just seconds before Brodsky is cuffed.

And certain liberal blogs do not bother to tell you both sides of the story.

If the "other side of the story" is the one that you tell, then I'm glad we didn't bother, since clearly, you're pulling shit out of your ass, including the old "liberal blog" nonsense. That Snipes is a supposed "Democrat" means nothing to ya, I guess. Yeesh.

You haven't provided any new information. Okay, so she asked a question "respectfully." Did she do anything else?

There are good reasons why someone might not be allowed to watch a vote count. If they are disruptive, they can be removed.

Right. But that's not what the video documents. It documents Brodsky's arrest, for having done nothing at all. That you're willing to be an apologist for such behavior would suggest you don't give a damn about the need for clean elections in a democracy, the rule of law, or the abuse thereof.

Thankfully, folks like Brodsky are down there to fight for you anyway. On her behalf, you're welcome.

Haven't seen her in a while. Anything I can do please let me know although I was just released after three months without bond in the fourth malicious prosecution in three years, having been hospitalized, in a comatose state, and more and still face seven felonies for fighting for law and justice and against corruption here in Alachua.